
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC14052]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
         CHAPTER 136--VIOLENT CRIME CONTROL AND LAW ENFORCEMENT
 
                       SUBCHAPTER IV--DRUG CONTROL
 
Sec. 14052. Enhanced penalties for illegal drug use in Federal 
        prisons and for smuggling drugs into Federal prisons
        

(a) Declaration of policy

    It is the policy of the Federal Government that the use or 
distribution of illegal drugs in the Nation's Federal prisons will not 
be tolerated and that such crimes shall be prosecuted to the fullest 
extent of the law.

(b) Sentencing guidelines

    Pursuant to its authority under section 994 of title 28, the United 
States Sentencing Commission shall amend its sentencing guidelines to 
appropriately enhance the penalty for a person convicted of an offense--
        (1) under section 844 of title 21 involving simple possession of 
    a controlled substance within a Federal prison or other Federal 
    detention facility; or
        (2) under section 841(b) of title 21 involving the smuggling of 
    a controlled substance into a Federal prison or other Federal 
    detention facility or the distribution or intended distribution of a 
    controlled substance within a Federal prison or other Federal 
    detention facility.

(c) No probation

    Notwithstanding any other law, the court shall not sentence a person 
convicted of an offense described in subsection (b) of this section to 
probation.

(Pub. L. 103-322, title IX, Sec. 90103, Sept. 13, 1994, 108 Stat. 1987.)
